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JUVENILE JUSTICE SYSTEM.
Term Paper ID:25651
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Effectiveness & failures, origins in 20th Cent., purposes, procedures, state laws, arrest & detention, determination of status, hearings, examples, commitment & confinement.... More...
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Paper Abstract:
Effectiveness & failures, origins in 20th Cent., purposes, procedures, state laws, arrest & detention, determination of status, hearings, examples, commitment & confinement.
Paper Introduction:
JUVENILE JUSTICE SYSTEM
Introduction
This research paper summarizes the principal features of the juvenile justice system in the United States and comments on some major issues facing it. The juvenile justice system involves all the parties involved in dealing with the juvenile, parents and surrogate parents, schools, the police and prosecutors, probation departments, the courts, correctional institutions and a variety of community and social agencies which deal with the juvenile after he or she comes into contact with the law.
Origins and Broad Trends
Judge L. P. Edwards (1992) explained:
Established in the later nineteenth century, the juvenile court was for some a humanitarian institution intended to
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18 7). (1994, Fall). . Commitment and Confinement If a juvenile is adjudged to have delinquency status, he or she maybe released on probation, as most are. M. its beliefin the need for firm control of delinquents and its sense of children ashelpless dependents" (Wizer, 1972, p. 153). Edwards (1992) explained: Established in the later nineteenth century, the juvenile court was for some a humanitarian institution intended to rehabilitate youthful offenders and protect children. (1984). Taking Gault seriously: Towards a new juvenilecourt. (1995, Spring). The Supreme Court in twocases, Stanford v. Arrest and Detention Youths typically between 7 and 18 first come in contact with thejuvenile justice system because of complaints made to the police byparents, school officials, neighbors or others of their anti-socialbehavior. United States (1966) and In re Gault(1967), the Supreme Court ruled that the following basic proceduralprotections must be afforded to juveniles facing a deprivation of theirfreedom: the right to be given notice of the charges, if any, against themand of hearings, the right to be represented by counsel, and if they cannotafford one, to be supplied one by the state, at all adjudicatory anddisposition proceedings, the right of juveniles and their counsel to seethe complete record to be used by the court, the right to confront andcross-examine witnesses and the right to exercise their Fifth Amendmentright against self-incrimination (Melton, 1989, p. Full dueprocess rights attach to all waiver hearings. K. . J. Altschuler (1994, Fall) saysthat the number of transfers of juveniles to adult criminal courtsincreased by 65 percent between 1986 and 199 (p. Warrantless arrests areconstitutional, provided the police have reasonable grounds that a juvenileoffense has been committed under the Supreme Court's decision in U.S. The Supreme Court decided in McKeiverv. (1996, July-August) Criminal LawBulletin, 32, 343-351. Holland, P., & Mlyniec, W. They have no right to bereleased on bail and may be held if they represent a flight risk, if theyare believed to pose a risk of committing other crimes or if adequateparental supervision is not available. Introduction to the juvenile justice system.St. Johnson, T. Under its decisions in Kent v. 12 ). Eleven others and the District of Columbia prohibit the useof the death penalty in the case of minors (Nguyen, 1995, p. Wald (1976) reported that initial detention was the fate of about 1/2to 2/3 of those arrested (p. 221). The children and the state: Adversaries in thejuvenile justice system.----------------------- 12 JUVENILE JUSTICE SYSTEM Introduction This research paper summarizes the principal features of the juvenilejustice system in the United States and comments on some major issuesfacing it. At its core was the concept that the juvenile court judge, acting onbehalf of the state as parens patriae and with the benefit of informationconcerning the juvenile's background could and would make disposition ofeach case in such a manner as to promote family unity and ensure that thechild was properly raised and provided the opportunity to become aproductive, crime-free member of society, while at the same time ensuringpublic safety. In defense of the child: A Jus Cogensapproach to the capital punishment of juveniles in the United States.George Washington Journal of International Law and Economics, 28, 4 1-445. State laws vary on that point. (1972). 342). Holland and Mlyniec (1995, Winter) sum up the situation:Although therhetoric of the Progressive Reformers created an impression that childrenplaced out of their home by juvenile court judges would reside in pleasantcottages staffed with beneficial substitute parents, most children lived inlarge impersonal institutions . Under Kent, the juvenile court judge must make a written record ofthe findings. B. In M. If theyare not present and the juveniles do not make an intelligent and knowingwaiver of their right to have them present, the police run the risk thatany confession will be excluded from evidence at later hearings. R., & Wexler, D. Chicago:University of Chicago Press. [which] have historically been understaffed, unhealthy and devoid of rehabilitation programs. For others it was an attempt to exert a new form of social control over children (p. A number of states and the federal government have passed lawspermitting or requiring for certain crimes a waiver of juvenile courtjurisdiction by which the juvenile can be tried in adult criminal courts.Cochran et al. 236). Rosenblum, M. food, clothing, shelter and medical care. Mack, J. 221). (1975). J. 19 ).State laws vary as to the age, usually older than 14, at which juvenilescan be tried in adult criminal courts, and some states leave that decisionup to the prosecutor in cases involving serious, violent offenses. Shiff, A. P. Melton, G. The modern quest for a historical promise. The casesare split on whether voluntary admissions made by the juveniles to theirprobation officer are later admissible in evidence. Under the laws of most states,juveniles must be detained in juvenile detention facilities, not adultjails, but may be questioned at police headquarters. In the main, treatment today is little more than preserving the peace within the training school (p. In the United States, only seven persons have beenexecuted since 1976, all convicted murderers, but, in 1995, 42 juvenileswere on death row (Nguyen, 1995, pp. Pennsylvania (1971) that juveniles do not have a right to a jury trial.All hearings are before a juvenile court judge. Holland and Mlyniec (1995, Winter) sum up theresults of various Supreme Court decisions, as they relate to confineddelinquents: the Fourteenth and Eighth Amendment [which bans cruel and unusual punishment] require only freedom from unnecessary restraint and minimally human conditions of confinement . Wizer, S. . Altschuler (1994, Fall) said that, "during the lastfifteen years numerous states have initiated accelerated 'get tough'juvenile correction policies" in the form of stiffer penalties, longerterms of confinement (incarceration) and waivers of jurisdiction byjuvenile courts permitting juveniles to be tried in adult criminal courtsand possibly to face the death sentence for capital crimes (p. Harris, A. Faced withovercrowded court dockets, hasty plea bargains, inadequate attorneyrepresentation, high rates of recidivism, and the high cost of the system(an estimated $5 , per inmate), a movement is under way to explorealternatives to incarceration.These include boot camps, teen courts, enhanced community treatment and re-education, the use of modern psychological methods to promote in theoffender empathy for his or her victims, modern electronic monitoring ofthose on probation and increased use of halfway houses, group homes andfoster homes. Wald (1976) reported that the length of time of detentionvaried considerably by jurisdiction, some for only a few days and othersfor months (p. If arrested, they must be advised of their Miranda rights, butotherwise, Fox (1984) says, "the police have a vast amount of discretionconcerning whether to take a child into custody, [which they] in a majorityof cases decide not to do so" (p. Thirty-nine states now allow the death penalty to be applied tocapital crimes. free, neglected,abused, or delinquent, which are often called jurisdictional hearings andcan take the form of a full-fledged trial, and then the disposition of hiscase, release to parents or others, probation confinement in a juvenilecorrectional institution (training facility, reformatory, youth facility,etc.) and its terms. Conditions in detention facilities areoften poor. Eventhough the probation officer reports to the Court, "the judge must preservethe appearance of impartiality" (Fox, 1984, p. One result has been a general recognition that morethan increased punishment is needed to reduce what Shiff and Wexler (1996,July-August) call "the continued allure of drugs, guns and fast money tothe American teen," hence the current wave of experimentation with newmethods, such as the use of boot camps, teen courts and various forms oftreatment and prevention outside the juvenile correctional system (p. v.Watson (1976). It was in part a recognition that children are different from adults and in part a reaction to the treatment of children as adults in the criminal justice system. K.Rosenblum (Ed.), Pursuing justice for the child (pp. 236). 179). The juvenile court. The conditions of probation arewholly within the discretion of the juvenile court judge. 346). Johnson (1975) quotes Robert Emerson's assessment of theoverall effectiveness of the juvenile justice system: "the tragedy of thejuvenile justice system is that it stigmatizes so many--and saves so few"(p. Shiff andWexler (1996, July-August) say "they lighten the juvenile justice system'sload, provide community service volunteers, process cases more quickly andcheaply, result in very low rates of recidivism, discourage juveniledelinquency, reduce street crime, and educate teens about the legal system"(p. . The constitutional prohibition against double jeopardyapplies to prevent a retrial of a juvenile for the same offense. M. (1995, Winter). (1992). Opinions varyas to the adequacy of the treatment afforded the juvenile and otherpractices followed in such facilities. (Ed.). 16 ). Tough and smart juvenileincarceration: Deterrence and rehabilitation. New York: St. Pretrial detention of juveniles. (1996) state that public support has increased for "thosewho suggest that for violent and serious crimes, the laws of the regularcriminal process ought to apply at a younger age" (than 18) (p. Cochran, C. 4 1). 1791).Melton (1989) says that "the treatment available through the juvenilejustice system often remains little more than brutalpunishment" and reports on "inhumane conditions in numerousjuvenile correction facilities" (p. The juvenile court and the role of thejuvenile court judge. Ifthe juvenile is a first offender or has committed a non-violentmisdemeanor, he will often be released on probation into the custody of hisparents, or, if they are judged not to be suitable, of foster parents. It does a more commendable job in handling other non-criminalmatters such as parental neglect and abuse, which are also at recordlevels, as the American family system continues to disintegrate, placingever-growing burdens on the juvenile justice system. Paul: West Publishing. 4 2-4 3). Parallel with this development has been overcrowding of juveniledetention and correctional facilities, and the failure of more punitivepolicies to address some of the fundamental causes of juvenile delinquencywhich Altschuler (1994, Fall) identifies as "dysfunctional familyrelations, school behavior problems, negative peer group pressures and druginvolvement" (p. Pursuing justice for the child.Chicago: Chicago University Press. Wald, P. Their casesfall into various categories, those accused of what would be criminaloffenses if committed by an adult, status offenders, those who commitlesser offenses such as truancy and running away from home or who areotherwise in need of official supervision, those abandoned or neglected byparents and those who have been the victims of crimes or other abuses. In parental neglect cases, a lower standard of proof,usually clear and convincing evidence, applies. (1996), "a small number of delinquents . 1 7). R., & Cayer, N. (1989). . Determination of Status and Disposition Hearings In most states, separate bifurcated hearings are held by the juvenilecourt judge to determine the juvenile's status, i.e. In all probability, the impact of these reforms is not verysignificant. xii). If they are committed to probation or confinement, they remain(unless unconditionally released) under the jurisdiction of juvenile courtsand/or juvenile correctional facilities until they reach 25. 147). Origins and Broad Trends Judge L. (1981). The normal rules ofevidence applicable to adult criminal proceedings apply, but a great dealof hearsay, starting with the probation officer's "social" case study andreport, which is derived from a lengthy inquiry into the juvenile's family,school and other background, including his prior juvenile record, if any,and is usually based on third-hand accounts as well as the statements ofthe juveniles themselves. C., Carr, T. 231). P. Since the 196 s, largely as a result of Supreme Court decisions andnew legislation, the formerly informal system for adjudicating the statusand the corresponding discretion of the juvenile court judge were replacedby a more adversarial adjudicatory system in which basic procedural dueprocess rights of juveniles were guaranteed for those juveniles who wereadjudged to be delinquent or otherwise became wards of the state and beforethey were released on probation or committed to confinement in statereformatories. Many were, and some continue to be, extremely dangerous places for children (p. Whatever happened tothe right to treatment? Fox, S. Once a decision is made to commit a juvenile, the appropriate YouthAuthority (juvenile correctional system) controls his or her destiny, butin most states, juvenile court retains jurisdiction over the case.According to Altschuler (1994, Fall), between 1971 and 1989, the number ofpersons ages 1 to 18 confined in public juvenile correctional facilitiesincreased from 151 per 1 , to 219 per 1 , (p. . References Altschuler, D. 3). E., Mayer, L. 119-137). (1996).American public policy. 4 2-4 3). B. Nebraska Law Review, 68, 146-181. (1976). Various attempts have been made through litigation to establishment aconstitutional right to adequate treatment in juvenile correctionalfacilities and adult prisons. Nugyen, K. Edwards, Judge L. 17). St. .are responsible for a majority of all crimes and two-thirds of all violentcrimes" (p. Oklahoma (1988), ruledthat the death penalty cannot be constitutionally applied to personsyounger than 16. Paul: West Publishing. One author says that "though reformist, the juvenile courtmovement from the beginning had an authoritarian impulse . Juvenile courts. (1976). 126). For example,Harris (1981) says that, in California, "any minor accused of a crime has aright to counsel at all stages of the proceedings, from the beginning ofpolice questioning through disposition of the case" (pp. 16 ). At the same time the public became disillusioned by the evidentinability of state correctional institutions to rehabilitate most juvenileoffenders and by rising rates of juvenile crime, especially violent crime.According to Cochran et al. Martin's Press. The juvenile justice system involves all the parties involved indealing with the juvenile, parents and surrogate parents, schools, thepolice and prosecutors, probation departments, the courts, correctionalinstitutions and a variety of community and social agencies which deal withthe juvenile after he or she comes into contact with the law. In order to carry out these purposes, juvenile courts were delegatedby state legislatures and exercised very broad powers over the liberty ofthe child. Theminimum age to which it can attach varies from 16 to 18, and 18 states setno limit at all (Nguyen, 1995, pp. Once in custody, the police--in consultation with an intakeofficer, usually in the probation department, whom they must promptlynotify, and, in case of delinquent offenses, the prosecutor--screen theindividual to determine whether he or she should be held or released toparents, who also must be notified. . (Ed.). Q. 1 2). 72-73). In cases involving delinquency charges, thejuvenile can only be adjudged guilty, if the evidence so proves beyond areasonable doubt. Harvard Law Review, 23, 1 4-126. If the judge determines that the juvenile has committed a delinquentoffense, he must then decide what disposition he will make of the case. Incases of child abuse, Fox (1984) says that "the most drastic act a statemay take as the result of the mistreatment of a child is to terminate theparental rights of the child's parents" (p. Commitment to ayouth facility or, in the case of mental cases, to a mental institution, isgenerally for an indeterminate period, but under laws enacted in manystates mandatory minimum sentences for juveniles are set for violent orserious crimes, especially those committed by repeat offenders. If juveniles face the equivalent of possible criminal charges, theyhave the right under the laws of many states to have their parents (orguardian) and counsel present during police questioning. They then must bebrought before a juvenile court judge without unnecessary delay, usuallywithin 72 hours after a petition has been filed with juvenile court,depending on the nature of the alleged offense. Aftermath and Alternatives According to Altschuler (1994, Fall), "institutional confinement doesnot adequately prepare youth for a return to the community environment . Juvenile & Family Court Journal, 43, 1-45. (19 9). A. 1 7). The teen court experiment which began in Odessa, Texas andnow is used in 18 jurisdictions is particularly interesting. J. St. lessons and skills learned in confinement are not systematicallymonitored, much less reinforced on the "outside" (p. .. Juveniles can be taken into custody, arrested with or without awarrant. Under a1971 federal court decision, and as provided by the laws of almost allstates, commitment and confinement decisions can be appealed by thejuvenile. Conclusion Not much can be said for the American juvenile justice system otherthan that it processes, warehouses and keeps off the street large numbersof juvenile offenders who would otherwise be preying on the generalpopulation. As Judge Julian Mack put it in 19 9, the juvenile court judge had thefollowing duty: "instead of asking merely whether a boy or girl has committed a specific offense, to find out what he is, physically, mentally, morally, and then if it learns that he is treading the path that leads to criminality, to take him in charge, not so much to punish as to reform, not to degrade but to uplift, not to crush but to develop, not to make him a criminal but a worthy citizen" (p. Despite all theseprocedural protections, Melton (1989) says that "many juvenile courtspersist in the illusion that they are therapeutic instruments and,accordingly, neglect the due process rights basic to an adversary system"(p. California juvenile court practice.Berkeley: Continuing Education of the Bar. Kentucky (1989) and Thompson v. Louis Public Law Review,217-227. TempleLaw Review, 68, 1798-1835.
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